The
State of Florida appeals the trial court's order granting
defendant Gregory Martin's motion to exclude certain
portions of Martin's videotaped, post-Miranda
statement made to police (videotape labeled
"Disc2Dclip1_track2_w.mp4; Disk2Dclip2_track2_w.mp4; and
Disc2PTclip5_track2_w.mp4"). The trial court found that
under Section 90.403, Florida Statues (2010), the probative
value of the proffered evidence was outweighed by the
prejudice that would inure to the defendant should this
statement be presented to the jury. However, we agree with
the State that the trial court abused its discretion in
making this finding because the admission of Martin's
statement would not be unfairly prejudicial to him in
Miami-Dade Circuit Court case number F11-3185 for the
attempted murder, kidnapping, and sexual battery of O.R.F. We
thus reverse the trial court's order excluding
Martin's post-Miranda statement from the
State's case-in-chief, the State's cross-examination
of Martin should he choose to testify, and the State's
rebuttal.

In
August 2000, the deceased body of a fourteen-year-old
African-American girl named C.P. was discovered behind Edison
High School in Miami, Florida. The medical examiner completed
a rape kit on C.P., which contained DNA from an unknown
subject. This DNA was entered into the Combined DNA Index
System ("CODIS"), and no match was found.

On July
17, 2009, a young Hispanic girl named O.R.F. was taken to
Aswan Apartments in Opa Locka, Florida and raped. She was
then taken to a second location and raped again by the same
man. The man beat and strangled O.R.F. until she lost
consciousness. O.R.F. awoke behind an apartment complex in
the area of 78th Street and 5th Avenue. She immediately
reported the incident, and a rape kit was completed. The rape
kit collected from O.R.F. contained DNA from an unknown
subject. It was entered into the CODIS, and again no match
was found.

On
December 26, 2009, Martin beat and strangled G.B., the mother
of his children. G.B. reported the attack and told officers
the incident took place in Martin's car. Shortly
thereafter, Martin was arrested. In Miami-Dade Circuit Court
Case number F09-41439, Martin was convicted of felony
domestic battery by strangulation and two counts of battery
as a lesser included offense of attempted felony murder and
sexual battery.

While
the detectives were investigating the attack on G.B., the
detectives took DNA evidence from Martin's car. They then
asked Martin for a DNA sample, and he voluntarily submitted
to DNA testing. The DNA sample Martin provided matched the
DNA found in Martin's car. The DNA found in Martin's
car was then entered into the CODIS, and it matched the DNA
from the rape kit processed in the unsolved homicide case of
C.P., as well as the DNA collected from O.R.F.'s rape kit
in July 2009.

In
November 2010, prior to Martin's arrest for the sexual
battery of O.R.F. and the homicide of C.P., while Martin was
in jail waiting for trial on his attack of G.B., he provided
a voluntary, post-Miranda videotaped statement to
police officers. The police officers questioned Martin
regarding C.P.'s murder. Portions of the video depict
police officers questioning Martin regarding the crimes
against O.R.F. When questioned by police, Martin denied
knowing C.P. or anything about C.P.'s murder and denied
knowing O.R.F. or anything about O.R.F.'s sexual battery.
The unredacted video showed Martin wearing an orange jail
jumpsuit. The video also shows that a picture of C.P.'s
deceased body was placed on the table in the police interview
room.

In
preparation for trial and after consulting with defense
counsel, the State edited the video to eliminate mention of
any other victims and any references to Martin's current
incarceration or Martin's past cases. The State further
edited the video to black and white and changed the picture
of C.P. to a blank piece of paper.

Thereafter,
at a March 27, 2018, pre-trial conference, defense counsel
explained to the trial court that both the State and defense
counsel agreed on this redacted version of the video that
would be used during the State's case in chief and during
cross-examination of Martin if he testified, except for one
portion of the video. Defense counsel objected to language in
the redacted statements referring to a "girl that
survived." The court agreed with ...

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